Thinking About Filing A Wrongful Death Suit?

If you have had a loved one die from an accident, negligence, or even as a victim of a crime, you may be able to bring a wrongful death case against the person who is responsible for your loved one's death. Before you do anything, though, you need to talk to an attorney who specializes in these cases so that you can check to make sure that you have a valid case. There are certain criteria that need to be met in order to file a wrongful death suit, and there are other things that you will need to consider as well. 

Standing

One of the criteria to filing one of these cases is that you have to have the proper standing in order to bring a wrongful death case. Only certain people have the legal standing to bring a wrongful death case. In most states, you have to be a member of that person's immediate family, meaning spouse or children. In the event of the death of a minor, then a parent would have the standing to bring the case. Some states will also allow the guardians of minor children of the deceased to bring the case on the behalf of the children, since they will be deprived of their parent or parents, as well as income that they would've been able to depend on coming from their parents. In some states, you can also bring a case if the deceased provided a significant amount of your financial support, like a business partner or former spouse. 

Criminal vs. Civil Case

If your loved one died because of a criminal act, and their case went through the criminal court, but the person was acquitted, you might think that there is nothing that you can do. However, you can still bring a wrongful death suit because the criminal case and the wrongful death suit work through separate parts of the legal system. The accused can't go back through the criminal system for their alleged crimes, due to the way the system is set up, but that has no effect on the civil side of the justice system. The burden of proof is also different when it comes to a civil case. In a criminal case, the state has to prove absolutely that the person is guilty, but in a civil case, that person will have to prove that there is no way that they are liable for the death of your loved one. 

If you are dealing with the death of a loved one, you might be considering filing a wrongful death suit. Talk to a wrongful death lawyer who specializes in these cases to see what your options are.